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CP Plus - Charge Notice help - sent after 14 days

Hi,
I have received a letter from CP Plus, with Charge Notice written at the top. It is for overstaying a 2 hour free parking at a MOTO service station (england). The date of notice on the letter is 3 days before i received the letter by post and 30 days after the alleged parking offence was committed, so over the time frame 

I have read the threads but getting a bit muddle so after some help, the first appeal template in blue on the newbie thread states about asking for 'close up picture of the sign and images of the vehicle' - these are on the letter they sent as an - IN CAPTURE - OUT CAPTURE - PARKING SIGN. there is no mention on the letter of POFA.

the letter has a paragraph at the bottom about a landmark court ruling stating that Parking Charge Notices on private land are enforceable.

I have looked at the appeal procedure online and when you login in with your ref no. and vehicle reg, it brings up a page with 4 pictures that don't load, which i assume are the camera pictures, also it has to tick boxes - one that states you are the driver and the PNC details received are correct, and one that states you was not the driver and the PNC details are not correct. I image you tick the box saying you wasn't the driver and the details are incorrect?? 

The next page you insert your details and reason for appeal which is a drop down box with various options and at the bottom has extenuating circumstances or Other - do i click on other? then underneath it has a box to place Further Information. do i place the letter template in this box?

Is any body able to give a template to send to them? Obviously the template in the newbie thread states about the images, but they have these on the letter and also the other information i need to add about the POFA.

Thanks in advance for any help
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Comments

  • Le_Kirk
    Le_Kirk Posts: 24,761 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Yes; be careful that before you click the submit button, the drop-down box has not reverted to a default position of "driver".  Other is correct.
  • Umkomaas
    Umkomaas Posts: 43,530 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 April 2020 at 5:23PM
    Is any body able to give a template to send to them? Obviously the template in the newbie thread states about the images, but they have these on the letter and also the other information i need to add about the POFA.
    Just use the template in blue text from the NEWBIES FAQ sticky, first post. I think the template asks for all images. Are you sure you have them all?

    Add a final sentence that as they have not met the requirements of the Protection of Freedoms Act 2012 (Schedule 4) specifically, but not limited to, para 9(5), the keeper of the vehicle has no liability and they should therefore pursue the driver. As there is no obligation on the keeper to identify the driver, you will not be doing so. Other than to receive confirmation that they have cancelled the charge, you, expect to receive any further correspondence from them or any of their agents. Should they ignore this, you will have no hesitation in making a formal complaint to the DVLA, the BPA and the ICO. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    the letter has a paragraph at the bottom about a landmark court ruling stating that Parking Charge Notices on private land are enforceable.

    Only some, and then only if very specific criteria are met,  most of the time they (the scammers), are lying

    Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.



    You never know how far you can go until you go too far.
  • stevo165
    stevo165 Posts: 7 Forumite
    Fourth Anniversary First Post
    Umkomaas said:
    Is any body able to give a template to send to them? Obviously the template in the newbie thread states about the images, but they have these on the letter and also the other information i need to add about the POFA.
    Just use the template in blue text from the NEWBIES FAQ sticky, first post. I think the template asks for all images. Are you sure you have them all?

    Add a final sentence that as they have not met the requirements of the Protection of Freedoms Act 2012 (Schedule 4) specifically, but not limited to, para 9(5), the keeper of the vehicle has no liability and they should therefore pursue the driver. As there is no obligation on the keeper to identify the driver, you will not be doing so. Other than to receive confirmation that they have cancelled the charge, you, expect to receive any further correspondence from them or any of their agents. Should they ignore this, you will have no hesitation in making a formal complaint to the DVLA, the BPA and the ICO. 
    Not sure if i have had all the images, on the letter there is an image of me going in, an image of me going out - which you can't really see as it was dark, and an image of the parking sign


  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 6 April 2020 at 6:43PM
    Not sure if i have had all the images, on the letter there is an image of me going in, an image of me going out - which you can't really see as it was dark, and an image of the parking sign
    Surely, if you are not sure you have all the images, then you have no problem asking for all the images?

    What am I missing here?

    As Umkomaas has already said, send the blue text template appeal easily found in the first post of the NEWBIES thread.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    stevo165 said:
    Umkomaas said:
    Is any body able to give a template to send to them? Obviously the template in the newbie thread states about the images, but they have these on the letter and also the other information i need to add about the POFA.
    Just use the template in blue text from the NEWBIES FAQ sticky, first post. I think the template asks for all images. Are you sure you have them all?

    Add a final sentence that as they have not met the requirements of the Protection of Freedoms Act 2012 (Schedule 4) specifically, but not limited to, para 9(5), the keeper of the vehicle has no liability and they should therefore pursue the driver. As there is no obligation on the keeper to identify the driver, you will not be doing so. Other than to receive confirmation that they have cancelled the charge, you, expect to receive any further correspondence from them or any of their agents. Should they ignore this, you will have no hesitation in making a formal complaint to the DVLA, the BPA and the ICO. 
    Not sure if i have had all the images, on the letter there is an image of me going in, an image of me going out - which you can't really see as it was dark, and an image of the parking sign


    They do not monitor people ,they monitor and have pictures of vehicles , your vehicle

    They cannot assume that you the keeper were the driver , so as long as you do not reveal who was driving you cannot be held to be liable as keeper because CPP failed the law named POFA

    Why would you snatch defeat from the jaws of victory ??

    Just do what people are telling you
  • Coupon-mad
    Coupon-mad Posts: 153,714 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 April 2020 at 2:38AM
    CP Plus are so easy to beat, just by using the forum template.  They cannot hold you liable as keeper so it's obvious not to tick any box saying the appellant was driving.  This is a really easy one to win.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • stevo165
    stevo165 Posts: 7 Forumite
    Fourth Anniversary First Post
    CP Plus are so easy to beat, just by using the forum template.  They cannot hold you liable as keeper so it's obvious not to tick any box saying the appellant was driving.  This is a really easy one to win.
    Thank you
  • Jackal57
    Jackal57 Posts: 10 Forumite
    Third Anniversary First Post
    stevo165 said:
    CP Plus are so easy to beat, just by using the forum template.  They cannot hold you liable as keeper so it's obvious not to tick any box saying the appellant was driving.  This is a really easy one to win.
    Thank you
    I have arrived at this forum and this help section a little too late  in my case so please bear with me if i am jumping in mid thread , i have read the newbie section and for the life of me cant decide which piece of information / template to use in my case and as i am dealing with CP PLus i have joined this thread  (apologies to OP stevo165 for joining in your thread )
    Long story very short , overstayed at Moto Services ,Cherwell Valley 16/12/18, recieved PCN , ignored totally on advice from others , continued to ignore all correspondence(threats) , weakened and sent appeal to service station operators admitting no guilt but explaining what i believe to be extenuating circumstances around my alleged over stay, no joy with that.

    I am still holding fast and have now recieved a "Final Reminder Notice"from a debt collection outfit DCBL . I am struggling to understand how debt collectors can propose to collect on a fine that hasnt gone through the courts .
    I am more than happy to do my own leg work but if somebody can point me in the right direction i would appreciated it very much and Stevo165 ,as we are dealing with the same outfit it may be beneficial to compare notes on the same thread.
  • Coupon-mad
    Coupon-mad Posts: 153,714 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    i have read the newbie section and for the life of me cant decide which piece of information / template to use in my case 
    You are too late to 'appeal' because you blew it by ignoring the PCN instead of coming here first.

    Start your own thread if you get a court claim.  You are at a different statge than the OP and must of course ignore debt collector letters from scum firms like DCBL, as the NEWBIES thread 4th post says (in some detail, with links).

    No reply here please as this is not your thread.  We don't have general discussion threads for others to jump on, not on this forum board. 

    But I beg you, PLEASE spare our time, by not starting a thread about debt collector letters...please no  more.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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